Murgio v. United States of America
| Anthony R. Murgio |
| United States of America |
| 1:2024cv03650 |
| May 7, 2024 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 4. Mailed to: Anthony R. Murgio 915 North Franklin Avenue Unit 816 Tampa, FL 33602. (nb) |
Filing 4
ORDER: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The U.S. Attorney's Office shall file an answer or other pleadings in response to the motion on or before July 15, 2024. Movant shall file a response on or before August 19, 2024. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. The Clerk of Court is directed to electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. The Clerk of Court is further directed to mail a copy of this order to Movant at his address of record.( Responses due by 8/19/2024) (Signed by Judge Katherine Polk Failla on 5/16/2024) (rro) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Alison J. Nathan is no longer assigned to the case. (tro) |
| MAILING RECEIPT: Document No: 2. Mailed to: Anthony R. Murgio 915 North Franklin Avenue Unit 816 Tampa, FL 33602. (sha) |
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Filing 2
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (sac)
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| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information. (sac) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:15-cr-00769-AJN-1. Document filed by Anthony R. Murgio. (sac) |
| Case Designated ECF. (sac) |
| CASE ACCEPTED AS RELATED. Create association to 1:15-cr-00769-AJN. (sac) |
| Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
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| Petitioner: Anthony R. Murgio | |
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| Respondent: United States of America | |
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